M/S HOTEL RATANAMAHAL AT UNIT OF G.M. AGENCY HOTEL vs SHIVAJI CHANDRAKANT SONAWANE AND ANR

Judgment text excerpt

Kartikeya WP-18109-2024-FC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 18109 OF 2024 M/S Hotel Ratanamahal ) At Unit of G.M. Agency Hotel ) Sahara Chakala Road Andheri (East) ) Mumbai 400099 ) … Petitioner Versus 1. Mr. Shivaji Chandrakant Sonawane ) Block no 31 mahatma Nagar ) Golibar road Santacruz (East) ) Mumbai-400055 ) 2. Ld 10th Labour court ) New administrative building ) New gov colony Bandra (east) ) Mumbai-400059 ) (Formal party) ) … Respondents Mr. Sanjay Shinde i/by Mr. Amit Gosavi, for the Petitioner. Mr. Raghavendra S. Mehrotra with Mr. Madhat J. Shaikh and Mr. Irfan Shaikh i/by Lawkhart Legal Advocate & Legal Consultant, for Respondent No.1. CORAM : SANDEEP V. MARNE, J. RESERVED ON : 6 January 2025. PRONOUNCED ON : 10 January 2025. Page No.1 of 12 10 January 2025 Kartikeya WP-18109-2024-FC JUDGMENT : 1) Rule. Rule made returnable forthwith. With the consent of the learned counsel appearing for the parties, the Petition is taken up for hearing and disposal. 2) Receptionist employed in a Hotel in Mumbai, who developed interest in politics and left the job in 2014 and unsuccessfully contested two Lok Sabha Elections from Solapur and declared ownership of a gun (pistol) in his nomination, is directed to be reinstated by the Labour Court by rewarding him with 50% backwages. The Employer-Hotel has challenged the Award of the Labour Court in the present Petition. 3) Petition arises out of challenge to the Award dated 1 July 2024 passed by 10th Labour Court, Mumbai in Reference (IDA) No.56 of 2017. The Labour Court has answered Reference partly in the affirmative and has held Respondent No.1-workman to be entitled for reinstatement with continuity of service and 50% backwages with effect from 15 May 2014 till the date